Analisis Yuridis Keabsahan Pencantuman Kutipan Ayat Al-Quran Dalam Akad Syariah Menurut UUJN

Abstract

In the sharia contract deed, there is an inclusion of a verse from the Koran. Referring to Article 38 of Law No. 2 of 2014 on Amendments to the Notary Office Law, it can be seen that the inclusion of the sentence as mentioned above is not listed as required in Article 38 No. 2 of 2014 on Amendments to the Law on the Office of a Notary and resulting in a deed only having the power of proof as a deed under the hand. This research raises the following issues: first, how is the legitimacy of the inclusion of Al-Quran verses in sharia contracts according to the Law on Notary Offices? second, what is the appropriate solution for making a sharia contract? The research method used is normative research. This research was carried out with a statutory approach and a conceptual approach. This study concludes that, first, in terms of making a sharia contract deed, the Notary must make it in accordance with the provisions of Article 38 of Law No. 2 of 2014 on Amendments to the Law Regarding the Office of a Notary. If it is not appropriate, then the inclusion of a quote from the Koran placed at the beginning of the deed and at the end of the deed, if it is carried out, the deed will be legally flawed in terms of its form and will result in the deed being degraded into private hands as stipulated in Article 1869 of the Civil Code. Second, the appropriate solution so that it is in accordance with the Law Regarding the Office of a Notary Public is to place it in the deed because the contents of the deed are statements of the parties that have been confirmed and constatitured by the Notary which is formulated into a deed, the next solution can also be in the form of revising the Law on Notary Office.